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25–673 PDF 2006

S. HRG. 109–252

IMPLEMENTING LEGISLATION FOR THE

AGREEMENT BETWEEN THE GOVERNMENT OF

THE UNITED STATES AND THE GOVERNMENT

OF THE RUSSIAN FEDERATION ON THE

CONSERVATION AND MANAGEMENT OF THE

ALASKA–CHUKOTKA POLAR BEAR POPULATION

HEARING

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

NOVEMBER 14, 2005

Printed for the use of the Committee on Commerce, Science, and Transportation

(

(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

TED STEVENS, Alaska, Chairman 

JOHN MCCAIN, Arizona 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

DANIEL K. INOUYE, Hawaii, Co-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

LISA J. SUTHERLAND, Republican Staff Director 

CHRISTINE DRAGER KURTH, Republican Deputy Staff Director 

DAVID RUSSELL, Republican Chief Counsel 

MARGARET L. CUMMISKY, Democratic Staff Director and Chief Counsel 

SAMUEL E. WHITEHORN, Democratic Deputy Staff Director and General Counsel 

LILA HARPER HELMS, Democratic Policy Director 

(III)

C O N T E N T S 

Page 

Hearing held on November 14, 2005 ...................................................................... 1

Statement of Senator Inouye .................................................................................. 2

Prepared statement .......................................................................................... 2

Statement of Senator Stevens ................................................................................ 1

WITNESSES

Johnson, Charles H., Executive Director, Alaska Nanuuq Commission ............. 4

Prepared statement .......................................................................................... 6

Jones, Marshall, Deputy Director, U.S. Fish and Wildlife Service, Department 

of the Interior ....................................................................................................... 2

Prepared statement .......................................................................................... 3

(1)

IMPLEMENTING LEGISLATION FOR THE 

AGREEMENT BETWEEN THE GOVERNMENT 

OF THE UNITED STATES AND THE

GOVERNMENT OF THE RUSSIAN

FEDERATION ON THE CONSERVATION AND 

MANAGEMENT OF THE ALASKA–CHUKOTKA 

POLAR BEAR POPULATION 

MONDAY, NOVEMBER 14, 2005

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington DC. 

The Committee met, pursuant to notice, at 11:30 a.m. in room 

SD–562, Dirksen Senate Office Building, Hon. Ted Stevens,

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. TED STEVENS,

U.S. SENATOR FROM ALASKA 

The CHAIRMAN. Good morning. Today’s hearing will discuss the 

need to establish a regulatory framework in both Russia and Alaska for the shared polar bear population. In order to establish this 

regulatory course of action we need to pass legislation that will implement the agreement between the United States and Russia on 

the conservation and management of polar bears. 

The United States and Russia signed a bilateral Polar Bear Conservation agreement, also known as the ‘‘Polar Bear Treaty,’’ for 

the shared polar bear population in October of 2000. The purpose 

of the Polar Bear Treaty is to assure long-term, science-based conservation of the polar bear population and includes binding harvest 

limits. 

Currently illegal harvest of polar bears in Russia is significant 

and at levels that in the past caused population depletion. In Alaska, subsistence hunting by Natives is unrestricted provided the 

population is not depleted. However, without implementing legislation to enforce agreements on the conservation and management of 

the polar bear population, depletion could result. 

Today’s hearing will have two witnesses. Mr. Marshall Jones, 

Deputy Director of the U.S. Fish and Wildlife Service, at the Department of the Interior, and Mr. Charlie Johnson. Charlie is Executive Director of the Alaska Nanuuq Commission. 

On short notice Charlie was kind enough to fly here from Nome, 

Alaska. For those of you that don’t know how far away Nome is 

2

from Washington DC, the distance is about as far as it is from here 

to Paris, France. 

Charlie, I really appreciate you coming so far on short notice. 

The Committee really appreciates you coming a short distance. Let 

me yield to our Co-Chairman to see if he has remarks. 

STATEMENT OF HON. DANIEL K. INOUYE,

U.S. SENATOR FROM HAWAII 

Senator INOUYE. Well Mr. Chairman, I’m pleased that you invited me to join you today. It is a new issue for me, but I can assure you that I support this Agreement, and I support its implementation and I’ll do my best to see that this is carried out. I gather that we may have a mark-up soon on this. 

The CHAIRMAN. We hope to, that’s why we’re having the hearing 

today, we hope to have the mark-up on Thursday, Senator. 

Senator INOUYE. If I may, may I have my statement placed in 

the record? 

The CHAIRMAN. Yes, without objection. 

[The prepared statement of Senator Inouye follows:]

PREPARED STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII

The U.S.-Russia Polar Bear Agreement is very important—both for the preservation of the population of polar bears that live in Alaska and in parts of Russia—

and for the Native peoples who have long relied on these animals for their subsistence needs. 

The Agreement establishes a structure for bilateral management of this shared 

population, including the setting of binding harvest limits, bans on certain hunting 

practices, and close scientific cooperation. Importantly, Native organizations in both 

countries will play a major role in managing and implementing the Agreement. 

This Agreement was signed in 2000 by the governments of the United States and 

Russia. The Senate has already provided its advice and consent on the Agreement. 

The next step is to pass implementing legislation. I look forward to working with 

Chairman Stevens to develop and pass such legislation quickly.

The CHAIRMAN. Let us first hear from Mr. Jones. 

STATEMENT OF MARSHALL JONES, DEPUTY DIRECTOR, U.S. 

FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE

INTERIOR 

Mr. JONES. Thank you Mr. Chairman, and Senator Inouye. 

Thank you for the opportunity to testify on the U.S.-Russia Polar 

Bear Agreement. I’m Marshall Jones, the Deputy Director of the 

U.S. Fish and Wildlife Service. We greatly appreciate your interest 

in this Agreement and your leadership in moving the implementing 

legislation forward. 

The United States and Russia share the Bering-Chukchi Sea 

polar bear population which is now facing significant currently unregulated harvest. In Russia despite the 1956 all-union ban on 

polar bear hunting, harvest is now occurring at levels that could 

deplete the population when combined with the legal subsistence 

harvest in Alaska. In recognition of the need for unified management of the shared polar bear population the United States and 

Russian Representatives negotiated this bilateral Agreement on 

the Conservation and Management of the Chukchi Sea Polar Bear 

Population. That effort, Mr. Chairman, started in 1990, with the 

first meetings of the two sides. That’s 15 years ago, and so this is 

3

a very historic day for us, for Alaskan Native peoples, for peoples 

in Russia and for polar bears. 

The Agreement was signed by the two countries in October of 

2000 and Senate advice and consent was provided on the treaty in 

July of 2003. What we now need is what is before us now, what 

you’ve introduced, or are introducing—the implementing legislation. The purpose of the Polar Bear Agreement is to ensure the 

long-term science-based conservation of the Alaska Chukotka polar 

bear population. The Agreement addresses a particular concern, 

which is the widely different harvest provisions and practices on 

the U.S. side and the Russian side of the population. While lawful 

harvest by Alaska Natives for subsistence purposes occurs in Alaska, U.S. law does not allow restriction of this harvest, unless the 

polar bear population were to become depleted under the Marine 

Mammal Act, or threatened or endangered under the Endangered 

Species Act. The Agreement and the implementing legislation 

which you now have before you will represent a major step forward 

for polar bear conservation, and will enhance our collaborative efforts with Russia for shared natural resources. 

We look forward to working with the Committee on the legislation to implement the Agreement. 

Mr. Chairman, in closing I would like to state that the Administration is committed to conserving and managing polar bears by 

working with our partners in a cooperative fashion. Our partners 

in this effort have included various agencies of the U.S. Government, the Marine Mammal Commission, the Department of State, 

in addition to the Fish and Wildlife Service, the Alaska Department of Fish and Game, non-governmental organizations and most 

especially our Alaska Native partners. 

And so it’s a great pleasure to be here with Charlie Johnson, 

and, Mr. Chairman, we want to emphasize our commitment to continue this collaboration with the State of Alaska and with Alaska 

Native Community to conserve and manage polar bears. 

Mr. Chairman, this concludes my remarks, and I’d be happy to 

answer any questions. 

[The prepared statement of Mr. Jones follows:]

PREPARED STATEMENT OF MARSHALL JONES, DEPUTY DIRECTOR, U.S. FISH AND

WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and Members of the Committee, thank you for the opportunity to 

appear before you today to discuss the Agreement Between the Government of the 

United States of America and the Government of the Russian Federation on the 

Conservation and Management of the Alaska-Chukotka Polar Bear Population. 

Amendments to Section 113(d) of the Marine Mammal Protection Act enacted in 

1994 directed the Service, for the United States, to enter into negotiations with Russia to enhance the conservation and management of polar bear stocks. Since 1990, 

the Service has worked to improve cooperative research and management programs 

with Russia for the conservation of polar bears. Significant progress has been made 

in this effort. Building on this progress, United States and Russian representatives 

negotiated a bilateral agreement on the conservation and management of the shared 

Chukotka polar bear population of the Chukchi and Bering Seas in February 1998. 

This landmark environmental conservation agreement was signed by the governments of United States and Russia on October 16, 2000, with Senate advice and consent provided on July 31, 2003. Legislation will be necessary to implement the 

Agreement, and in May 2004 the Administration transmitted proposed implementing legislation to Congress. Implementation of this bilateral Polar Bear Agreement will represent a major step forward for polar bear conservation, and enhance 

our collaborative efforts with Russia to conserve shared natural resources. 

4

The proposed U.S.-Russia Agreement would establish a common legal, scientific, 

and administrative framework for the conservation and management of the AlaskaChukotka polar bear population. The purpose of the Polar Bear Agreement is to ensure the long-term, science-based conservation of the Alaska-Chukotka polar bear 

population. At present, polar bear harvest provisions and practices differ widely between the U.S. and Russia. Unknown (but potentially significant) levels of illegal 

harvest are occurring in Chukotka. While lawful harvest by Alaska Natives for subsistence purposes occurs in Alaska, U.S. law does not allow restrictions of this harvest unless a polar bear population is designated as ‘‘depleted’’ under the Marine 

Mammal Protection Act, or listed as ‘‘threatened or endangered’’ under the Endangered Species Act. The Russian Federation will soon open a lawful polar bear hunting opportunity for subsistence purposes by Native Chukotkans. When this happens, 

there will be an immediate, pressing need for the coordination of harvest restrictions on both sides of the border to prevent an unsustainable combined harvest. 

Such harvest could lead to the Alaska-Chukotka polar bear population becoming depleted, threatened, or endangered. The Agreement will create a management framework to prevent this from happening. 

The Polar Bear Agreement calls for the development of binding harvest limits at 

sustainable levels, prohibits the harvest of denning bears and females with cubs, 

and restricts certain methods of hunting, such as hunting with aircraft or large vessels. Commercial uses of harvested polar bears are limited to the creation and sale 

of handicrafts by Native people. The Agreement enhances support for collaborative 

research by the United States and Russia and provides a mechanism to coordinate 

these efforts with Native organizations in each country. This will significantly increase our understanding of the biology of polar bears, which are difficult to study 

as they inhabit one of the most inaccessible and harsh environments in the world. 

The Polar Bear Agreement was developed through a sustained, inclusive and collaborative process over a 10 year period. The Agreement was fully coordinated with 

the Alaska Native community, representatives of the State of Alaska, the environmental community, and the Marine Mammal Commission. Representatives of these 

constituencies were members of the United States delegation that negotiated the 

terms of the Agreement and are fully committed to its goals. 

The Administration has reviewed the Polar Bear Agreement and has determined 

that implementation will result in tangible, on-the-ground benefits to polar bears, 

the flagship symbol of the Arctic. Our review also indicated that legislation is necessary to fully implement the science-based management measures called for in the 

Agreement. With this in mind, on May 20, 2004, the Administration transmitted to 

Congress proposed implementing legislation, which would, among other things, authorize the Department to establish prohibitions against take and provide the enforcement authority for implementing the Agreement; establish the membership of 

the United States section of the U.S.-Russia Polar Bear Commission; clarify voting 

arrangements for Polar Bear Commission decisions; and authorize appropriations 

for activities associated with implementation of the Agreement. We appreciate your 

interest and support prompt passage of appropriate implementing legislation. 

Mr. Chairman, in closing, I would like to state that this Administration is committed to conserving and managing polar bears by working with our partners in a 

cooperative fashion. In particular, I want to emphasize the commitment to continued collaboration with the State of Alaska, and our partners in the Native community to conserve and manage this species. We look forward to working with you and 

Members of the Committee to implement the U.S.-Russia Polar Bear Agreement. 

Mr. Chairman, this concludes my remarks. I would be happy to answer any questions.

STATEMENT OF CHARLES H. JOHNSON, EXECUTIVE 

DIRECTOR, ALASKA NANUUQ COMMISSION 

Mr. JOHNSON. Thank you Mr. Chairman, I am Charlie Johnson, 

Executive Director of the Alaska Nanuuq Commission which was 

formed in 1994 to represent the villages and hunters that harvest 

polar bears in Alaska. We are in our ninth year of a Cooperative 

Agreement with the U.S. Fish and Wildlife Service for the Conservation of Polar Bears in Alaska. Our current agreement includes 

feeding ecology studies on the North Slope, public education, predator prey studies, human bear interactions and very importantly 

cooperation with the Natives of Chukotka in Russia on the conVerDate 0ct 09 2002 11:37 Jan 31, 2006 Jkt 025673 PO 00000 Frm 00008 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\25673.TXT JACK PsN: JACKF
5

servation of the shared polar bear population. We also have a cooperative agreement with the National Park Service Beringian Heritage Program for polar bear studies in Chukotka and with the National Marine Fisheries Service for ice seal studies in Alaska. 

The Alaska Nanuuq Commission participated as an equal partner with the U.S. Fish and Wildlife Service in the negotiation of 

this Polar Bear Agreement. Both the Service and Nanuuq Commission encouraged Russia to include representatives of the Native 

Peoples of Chukotka in this negotiation process, and for the most 

part they were involved. 

When the Russian ambassador to the United States Yuri 

Ushikov signed the Treaty on October 2000, he declared it the most 

democratic document that Russia had ever agreed to since the 

Treaty includes Alaska and Chukotka Natives on the Joint Commission that will set harvest limits and policies. 

For the first time in their history, Native Peoples of Chukotka 

are involved with the management of their marine subsistence resources, due largely to the way the Polar Bear Treaty was negotiated. The Association of Traditional Marine Mammal Hunters of 

Chukotka, a real grass roots organization participated with the 

Government of Chukotka and the Ministry of Natural Resources in 

the development of a very sound Polar Bear Management Plan for 

Chukotka. The plan was largely modeled on the Alaska Polar Bear 

Management Plan developed by the Fish and Wildlife Service. 

However the Ministry has informed us that they will not put the 

plan into effect in Chukotka including enforcement and protected 

areas will not be put into effect until the U.S. enacts the treaty. 

We find this very disturbing because as Marshall has mentioned 

and you have mentioned we know that polar bears are being harvested at alarming numbers in Chukotka. These numbers are 

unsustainable and they’re similar to the level of harvest—the sport 

harvest prior to 1973. 

The enactment of this treaty is critical for the conservation and 

long term survival and conservation of our population. Additionally 

the Treaty has had a dramatic effect on promoting democracy in 

Chukotka. When we conducted interviews of elders in Chukotka 

with the Chukotka Association on their observations of polar bear 

habitat use, they were amazed that anyone, including government 

and NGO representatives were interested in their opinions and observations. For the first time their traditional knowledge has been 

used and valued by management. 

The Joint Commission created by that treaty will set harvest limits. However in order to maintain scientifically based sustainable 

harvest limits we must have a better estimate of the population 

size. Based on observations we estimate this population to be between 2,000 to 5,000 animals. The demographics of harvested animals indicate a healthy and stable population. So conducting a 

comprehensive population survey is the most pressing issue for 

these bears. This will take money and we feel that even if the U.S. 

has to bear the bulk of this cost we feel that it is worth the expense 

and very necessary. 

The Alaska Nanuuq Commission and the Association of Traditional Marine Mammal Hunters have drafted a Native to Native 

6

Agreement that will implement this Treaty. This Agreement will 

distribute quotas and insure compliance with the harvest limits. 

This draft Native to Native Agreement is modeled after an 

Agreement between the Inupiat of Alaska’s North Slope and the 

Inuvialuit of the Northwest Territories of Canada on the Management of the Beaufort Sea population. This voluntary Agreement 

was drafted in 1980 when the Native Peoples became concerned 

that the harvest numbers might not be sustainable. The Agreement 

they drafted established a voluntary quota of 40 bears for each side 

of the Alaska/Canadian Border. More importantly this voluntary 

Agreement protects females and females with cubs. As a result this 

population is stable and is thought to be growing, and the voluntary quota has not been exceeded and approximately only 85 

percent of the quotas have been harvested. 

The U.S. Fish and Wildlife Service and the Ministry of Natural 

Resources recognizes the value of the involvement of the Native 

people, and support the development of the Native to Native Agreement. Mr. Chairman, the Alaska Nanuuq Commission wants our 

descendants and all people to enjoy polar bears as we have and this 

legislation will ensure that, 

Thank you. 

[The prepared statement of Mr. Johnson follows:]

PREPARED STATEMENT OF CHARLES H. JOHNSON, EXECUTIVE DIRECTOR,

ALASKA NANUUQ COMMISSION

Mr. Chairman, 

I am Charles Johnson, Executive Director of the Alaska Nanuuq Commission 

which was formed in 1994 to represent the villages and hunters that harvest polar 

bears in Alaska. We are in our ninth year of a Cooperative Agreement with the U.S. 

Fish and Wildlife Service for the Conservation of Polar Bears in Alaska. Our current 

Agreement includes feeding ecology studies on the North Slope, public education, 

predator prey studies, human bear interactions and very importantly cooperation 

with the Natives of Chukotka in Russia on the conservation of the shared polar bear 

population. We also have a cooperative agreement with the National Park Service 

Beringian Heritage Program for polar bear studies in Chukotka and with the National Marine Fisheries Service for ice seal studies. Ice seals are the primary prey 

for polar bears 

The Alaska Nanuuq Commission participated as an equal partner with the U.S. 

Fish and Wildlife Service on the negotiation of the polar bear treaty with Russia. 

Both the Service and Nanuuq Commission encouraged Russia to include representatives of the Native Peoples of Chukotka and for the most part they were included. 

When the Russian Ambassador to the United States Yuri Ushikov signed the 

Treaty on October 16, 2000, five years ago, he declared it the most democratic document that Russia had ever agreed to since the Treaty includes Alaska and Chukotka 

Natives on the Joint Commission that will set harvest limits and policies. 

For the first time in their history, Native Peoples of Chukotka are involved with 

the management of their marine subsistence resources, due largely to the way the 

Polar Bear Treaty was negotiated. The Association of Traditional Marine Mammal 

Hunters of Chukotka, a real grass roots organization participated with the Government of Chukotka and the Ministry of Natural Resources in the development of a 

very sound Polar Bear Management Plan for Chukotka. The plan was largely modeled on the Alaska Polar Bear Management Plan developed by the Fish and Wildlife 

Service. 

However the Ministry has informed both the Service and Nanuuq Commission 

that the plan including enforcement and protected areas will not be put into effect 

until the U.S. enacts the treaty. This is very disturbing for us since the Chukotka 

Association has informed us that polar bears are now being harvested at alarming 

rates similar to pre-1973 sport hunting numbers which caused a serious decline in 

polar bear numbers. It is estimated that up to 200 bears are taken in Chukotka 

each year. 

7

We believe that this polar bear population is healthy and stable, however if these 

large numbers are being harvested there is a real threat of a decline in numbers. 

In Alaska we harvest an average of 30–40 bears annually out of this population. 

The enactment of the treaty is critical for the conservation of the Alaska 

Chukotka polar bear population. Additionally the Treaty has had a dramatic effect 

on promoting democracy in Chukotka. When we conducted interviews of elders in 

Chukotka with the Chukotka Association on polar bear habitat use, they were 

amazed that anybody, including government representatives, were interested in 

their observations and opinions. 

The Joint Commission created by the Treaty will set harvest limits. However in 

order to maintain sustainable harvest limits we must have a better population estimate. We estimate that this population has 2,000 to 5,000 bears. Conducting a comprehensive population survey is the most pressing issue for these bears. That will 

take money and even if the U.S. has to shoulder the bulk of this expense we feel 

it is worth the cost. 

The Alaska Nanuuq Commission and the Association of Traditional Marine Mammal Hunters of Chukotka have drafted a Native to Native Agreement that will implement the Treaty. This Agreement will distribute the quotas and insure compliance with the harvest limits. Both the U.S. Fish and Wildlife Service and the Ministry of Natural Resources recognize the necessity and value of the involvement of 

the Native organizations in order to make the treaty work. 

This Agreement is modeled after the highly successful volunteer Agreement between the Inupiat of the North Slope and the Inuvialuit of the Northwest Territories 

of Canada on the Management of the Beaufort Sea Polar Bear Population. In 1980 

the Inupiat and Inuvialuit became concerned that harvest numbers out of this polar 

bear population were unsustainable and negotiated an agreement that limited the 

harvest to 40 bears each, very importantly the Agreement protected females and females with cubs. On a 10-year average only 85 percent of the quota have been harvested. As a result of this Agreement the Beaufort Sea polar bear population is stable and is thought to be growing. 

Mr. Chairman the Alaska Nanuuq Commission want our descendants and all people to enjoy polar bears like we have and this legislation will guarantee that. 

Thank you for this opportunity.

The CHAIRMAN. Thank you very much. It’s my understanding 

that we ratified the Treaty in 2004, I believe, and that this legislation really is necessary to give your commission and the federal 

agencies the authority it needs to assure Russia that we will comply with the Treaty, is that right Charlie? 

Mr. JOHNSON. That’s correct. We’ve been—as I mentioned we’ve 

been told by the Russian authorities that they will not enforce the 

management plans that they developed until the U.S. has passed 

enabling legislation. So this is why we feel this is so very necessary. 

The CHAIRMAN. Mr. Jones, as part of your Fish and Wildlife 

Service, is your service prepared to back up the Commission in this 

plan, I believe we’ve got a cooperative agreement now, between the 

Fish and Wildlife Service and the Commission, is that correct? 

Mr. JONES. That’s correct Mr. Chairman, and we’re fully prepared to work with the Nanuuq Commission to implement the 

agreement. We think the legislation that you’ve introduced provides a way for us to do that effectively. Once we get the legislation 

hopefully enacted, signed by the President, then we will plan to 

move forward very promptly to implement this, so that we can address the issues that Charlie Johnson has outlined. Issues which 

are mostly on the Russian side, but we need to do our part, so that 

then we can sit down with the Russians and negotiate harvest limits together. 

The CHAIRMAN. Very good. Mr. Co-Chairman, do you have any 

questions? 

8

Senator INOUYE. Thank you. Have the Russians ratified the 

Treaty? 

Mr. JONES. Yes sir they have. 

Senator INOUYE. Mr. Jones, you spoke of depletion. I can understand extinction, but what do you mean by depletion? 

Mr. JONES. Senator, depletion is a term from the Marine Mammal Protection Act, which seeks to maintain an optimum sustainable population of the marine mammals that are covered by it, 

when their population declines. 

And there are people who are more expert than I am on the scientific aspects of how this determination would be made, but when 

the population declines to the point where it no longer is maintaining that sustainable population, the Marine Mammal Act provides 

that you can designate the species as depleted at that point. Other 

provisions of the law come into play. One of those is that Native 

subsistence harvest can be regulated. Our goal is to see that the 

polar bear population never gets to that point where it is depleted, 

because we think that would be a failure of our collective management. 

Instead we think we can work together. 

Senator INOUYE. What stage are we in now? 

Mr. JONES. Well, Senator, the population is worrisome but not at 

the point yet where we think we would need to make that designation of it being depleted. But we certainly see a trend that we’re 

concerned about for the future. And this Agreement gives us the 

way to work together first of all. The U.S. Government, State of 

Alaska, and Alaska Native Communities, and then working across 

with counterparts in Russia to address harvest so that we can have 

a good sustainable harvest for subsistence purposes to provide for 

traditional lifestyles and traditional use but also make sure that 

that does not in any way threaten the population. 

Senator INOUYE. How many do you have in the animal population in this area of concern? 

Mr. JONES. Well population numbers are uncertain there. But let 

me look at Charlie Johnson, for the latest figures, 2,000? 

Mr. JOHNSON. Somewhere between 2,000 and 5,000 based on the 

density observations. The density—the observations of the density 

of polar bears in the Bering Chukchi Sea which we share with 

Chukotka are very similar to those that are in the Beaufort Sea. 

The Beaufort Sea population is very healthy and is probably the 

most studied population in the world. And that population is estimated to be right now at 2,500. 

Senator INOUYE. What are the mechanisms of enforcement, and 

regulation? How will you enforce the Agreement? 

Mr. JONES. Well Senator, we have to work very closely with the 

Native communities. There are, I believe, 15 villages that are involved with the traditional polar bear harvest. And we believe that 

the best enforcement is the enforcement that would be through voluntary compliance that the communities themselves would enforce 

upon themselves. Of course there can always be the bad actors who 

might do something outside that. 

The legislation does provide for penalties for that, but our goal 

would be to have cooperative efforts so that we’re in agreement. We 

would also work very closely with our Russian counterparts and 

9

we’re prepared to provide help, law enforcement, and training, for 

example, for them so that they can do the same on their side of 

the border. That is where we have the real concerns right now. But 

the Russians have opened up and said they want to work with us. 

The CHAIRMAN. If the Senator would yield on that. I’m not sure 

the Senator recalls that we prohibited non-Natives from harvesting 

polar bear. Only Natives can harvest polar bear, and then only consistent with the findings of the commission working with you. Isn’t 

that still correct, Charlie? 

Mr. JOHNSON. That’s correct. 

The CHAIRMAN. Is there a similar paradigm for working in Russia now, that they could enforce if we pass this law? 

Mr. JOHNSON. Yes, there is. As I mentioned there’s what is called 

the Association of Traditional Marine Mammal Hunters. They have 

five commissions: The Walrus Commission, the Polar Bear Commission, a Bowhead Whale Commission, a Beluga Commission, and 

a Salmon and Seal Commission. Right now the government has assigned them the responsibility, for example, of quotas on various 

types of marine mammals, such as bowheads and gray whale harvests. 

So one of the very possible benefits in Chukotka that this Treaty 

has developed is it has kind of promoted the local participation of 

the Native people with the governments in the management of 

their resources. 

The CHAIRMAN. If I could interrupt you. Senator, I do believe it 

is a very great example of international cooperation that is coming 

about because of the two commissions from the Indigenous people. 

Senator INOUYE. So I gather, Mr. Johnson, that you feel that the 

role that Native peoples play is not only real but meaningful? 

Mr. JOHNSON. Yes it is, it’s very much so. And as I mentioned, 

we based this on the voluntary Agreement that the Inupiat of the 

North Slope and the Inuvialuit of the Northwest Territories of Canada. We’ve established with them a quota system that is voluntary 

and on a 10-year average the quota would be a total of 800 animals 

from the last 10 years, 680 were harvested. So we’re only about 85 

percent of the quotas and we haven’t exceeded the quotas. 

Senator INOUYE. Thank you very much Mr. Johnson, Mr. Jones. 

The CHAIRMAN. Do you anticipate Mr. Jones, a similar quota 

being enforceable in Russia if we pass this legislation? 

Mr. JONES. Well we do. We intend to work very closely with the 

Russian Government. The legislation would set up a commission 

with membership, one each from the Russian Government and the 

Russian Native Communities to parallel one each from the U.S. 

side, and the Alaska Native Community. And we would work together with them. The Russians certainly have some problems on 

their side, but they’ve shown good faith in negotiating the Treaty 

and they are clearly—they are eager to get on with it and implement it. 

The CHAIRMAN. Will they enforce the rule that only the Native 

people can harvest polar bears and then only for subsistence? 

Mr. JONES. This Agreement provides for that. It would only be 

for subsistence harvest, and only then for traditional Native handicrafts and subsistence use, and that’s also consistent with our 

10

broader obligations under other Treaties, so we think the Russians 

want to do the right thing and we want to help them. 

The CHAIRMAN. Any other questions? 

Senator INOUYE. No. 

The CHAIRMAN. We appreciate very much your coming in, Mr. 

Jones, and particularly Charlie, because I know we didn’t put in a 

call to you until last week. We wanted to get this done this year 

if it’s possible. I didn’t know the Russians were not going forward 

until we do pass the enabling legislation. That is really the reason 

we sent the emergency call to you and I’m glad you came down. I 

appreciate it very much. 

Mr. JOHNSON. Thank you. 

The CHAIRMAN. If there’s nothing further to come before the 

Committee we will adjourn until Thursday. 

[Whereupon, at 11:50 a.m., the Committee was adjourned.]

Æ